New Asset Forfeiture Case from Eleventh Circuit - United States of America v. One 1990 Beechcraft, et al.

Smuggler's Blues?   Or no dominion means no dominion. 

New asset forfeiture case case from the Eleventh Circuit Court of Appeals.  The case is United States of America v. One 1990 Beechcraft, et al., arising out of (you guessed it) the Southern District of Florida.  The appeals court decision can be found here.

Facts are simple.  An airplance was used to transport cocaine from Venezuela to the United States.  The vessel was subject to seizure accordingly.  The title owner to the aircraft challenged the forfeiture. 

The issue on appeal was whether a nominee that had title to the aircraft but exercised no dominion or control over it had the ability to challenge forfeiture.  The statute says that claimants seeking to challenge forfeiture proceedings must be more than a “nominee who exercises no dominion or control,” 18 U.S.C. § 983(d)(6)(B)(iii).  The court found that based on the facts below, it was clear that the claimant did not exercise dominion or control over the aircraft and therefore could not avail itself of the statute to challenge forfeiture.